Davies v Amaca Pty Limited (No. 1)

[2004] NSWDDT 33

Dust Diseases Tribunal

of New South Wales

CITATION:	Davies v Amaca Pty Limited (No. 1) [2004] NSWDDT 33
PARTIES:	Richard Davies Amaca Pty Ltd
MATTER NUMBER(S):	206 of 2003
JUDGMENT OF:	Duck J at 1
CATCHWORDS:	:-
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:	2/06/04
DATE OF JUDGMENT:	06/02/2004
LEGAL REPRESENTATIVES:	FOR PLAINTIFF: Mr G Holland instructed by Turner Freeman FOR DEFENDANT: Ms W Strathdee instructed by Phillips Fox

JUDGMENT:

1. The plaintiff makes application for adjournment almost two hours after addresses commenced. The purpose for which the adjournment is sought is to seek to obtain some further evidence which goes to, as I understand it, his exposure to asbestos products of the defendant. This case has been going for days. The purpose for which the adjournment is not sufficient, it seems to me, to warrant interfering with the case at this stage. Those are things which very experienced solicitors of whom the plaintiff's solicitors are one firm, would know about and the desire which has apparently arisen because of exchanges between Bench and Bar in the course of addresses is not a sufficient reason to adjourn the proceedings at this stage. I reject the application.

Mr G Holland instructed by Turner Freeman appeared for the plaintiff

Ms W Strathdee instructed by Phillips Fox appeared for the defendant